(2)
"Billing and collection agent" means a fully independent agent, not affiliated
with or otherwise controlled by an electric utility, electric services company,
electric cooperative, or governmental aggregator subject to certification under
section 4928.08 of the Revised Code, to the extent that the agent is under
contract with such utility, company, cooperative, or aggregator solely to
provide billing and collection for retail electric service on behalf of the
utility company, cooperative, or aggregator.

(3)
"Certified territory" means the certified territory established for an electric
supplier under sections 4933.81 to 4933.90 of the Revised Code.

(4)
"Competitive retail electric service" means a component of retail electric
service that is competitive as provided under division (B) of this
section.

(5) "Electric
cooperative" means a not-for-profit electric light company that both is or has
been financed in whole or in part under the "Rural Electrification Act of
1936," 49 Stat. 1363, 7 U.S.C. 901, and owns or operates facilities in this
state to generate, transmit, or distribute electricity, or a not-for-profit
successor of such company.

(7)
"Electric light company" has the same meaning as in section 4905.03 of the
Revised Code and includes an electric services company, but excludes any
self-generator to the extent that it consumes electricity it so produces, sells
that electricity for resale, or obtains electricity from a generating facility
it hosts on its premises.

(8)
"Electric load center" has the same meaning as in section 4933.81 of the
Revised Code.

(9) "Electric
services company" means an electric light company that is engaged on a
for-profit or not-for-profit basis in the business of supplying or arranging
for the supply of only a competitive retail electric service in this state.
"Electric services company" includes a power marketer, power broker,
aggregator, or independent power producer but excludes an electric cooperative,
municipal electric utility, governmental aggregator, or billing and collection
agent.

(10) "Electric
supplier" has the same meaning as in section 4933.81 of the Revised
Code.

(11) "Electric
utility" means an electric light company that has a certified territory and is
engaged on a for-profit basis either in the business of supplying a
noncompetitive retail electric service in this state or in the businesses of
supplying both a noncompetitive and a competitive retail electric service in
this state. "Electric utility" excludes a municipal electric utility or a
billing and collection agent.

(13)
"Governmental aggregator" means a legislative authority of a municipal
corporation, a board of township trustees, or a board of county commissioners
acting as an aggregator for the provision of a competitive retail electric
service under authority conferred under section 4928.20 of the Revised
Code.

(14) A person
acts "knowingly," regardless of the person's purpose, when the person is aware
that the person's conduct will probably cause a certain result or will probably
be of a certain nature. A person has knowledge of circumstances when the person
is aware that such circumstances probably exist.

(15)
"Level of funding for low-income customer energy efficiency programs provided
through electric utility rates" means the level of funds specifically included
in an electric utility's rates on October 5, 1999, pursuant to an order of the
public utilities commission issued under Chapter 4905. or 4909. of the Revised
Code and in effect on October 4, 1999, for the purpose of improving the energy
efficiency of housing for the utility's low-income customers. The term excludes
the level of any such funds committed to a specific nonprofit organization or
organizations pursuant to a stipulation or contract.

(16)
"Low-income customer assistance programs" means the percentage of income
payment plan program, the home energy assistance program, the home
weatherization assistance program, and the targeted energy efficiency and
weatherization program.

(17) "Market
development period" for an electric utility means the period of time beginning
on the starting date of competitive retail electric service and ending on the
applicable date for that utility as specified in section 4928.40 of the Revised
Code, irrespective of whether the utility applies to receive transition
revenues under this chapter.

(18)
"Market power" means the ability to impose on customers a sustained price for a
product or service above the price that would prevail in a competitive
market.

(19) "Mercantile
customer" means a commercial or industrial customer if the electricity consumed
is for nonresidential use and the customer consumes more than seven hundred
thousand kilowatt hours per year or is part of a national account involving
multiple facilities in one or more states.

(21)
"Noncompetitive retail electric service" means a component of retail electric
service that is noncompetitive as provided under division (B) of this
section.

(22) "Nonfirm
electric service" means electric service provided pursuant to a schedule filed
under section 4905.30 of the Revised Code or pursuant to an arrangement under
section 4905.31 of the Revised Code, which schedule or arrangement includes
conditions that may require the customer to curtail or interrupt electric usage
during nonemergency circumstances upon notification by an electric
utility.

(23) "Percentage
of income payment plan arrears" means funds eligible for collection through the
percentage of income payment plan rider, but uncollected as of July 1,
2000.

(24) "Person"
has the same meaning as in section 1.59 of the Revised Code.

(25)
"Advanced energy project" means any technologies, products, activities, or
management practices or strategies that facilitate the generation or use of
electricity or energy and that reduce or support the reduction of energy
consumption or support the production of clean, renewable energy for
industrial, distribution, commercial, institutional, governmental, research,
not-for-profit, or residential energy users, including, but not limited to,
advanced energy resources and renewable energy resources. "Advanced energy
project" also includes any project described in division (A), (B), or (C) of
section 4928.621 of the Revised Code.

(26)
"Regulatory assets" means the unamortized net regulatory assets that are
capitalized or deferred on the regulatory books of the electric utility,
pursuant to an order or practice of the public utilities commission or pursuant
to generally accepted accounting principles as a result of a prior commission
rate-making decision, and that would otherwise have been charged to expense as
incurred or would not have been capitalized or otherwise deferred for future
regulatory consideration absent commission action. "Regulatory assets"
includes, but is not limited to, all deferred demand-side management costs; all
deferred percentage of income payment plan arrears; post-in-service capitalized
charges and assets recognized in connection with statement of financial
accounting standards no. 109 (receivables from customers for income taxes);
future nuclear decommissioning costs and fuel disposal costs as those costs
have been determined by the commission in the electric utility's most recent
rate or accounting application proceeding addressing such costs; the
undepreciated costs of safety and radiation control equipment on nuclear
generating plants owned or leased by an electric utility; and fuel costs
currently deferred pursuant to the terms of one or more settlement agreements
approved by the commission.

(27)
"Retail electric service" means any service involved in supplying or arranging
for the supply of electricity to ultimate consumers in this state, from the
point of generation to the point of consumption. For the purposes of this
chapter, retail electric service includes one or more of the following "service
components": generation service, aggregation service, power marketing service,
power brokerage service, transmission service, distribution service, ancillary
service, metering service, and billing and collection service.

(30)
"Net metering" means measuring the difference in an applicable billing period
between the electricity supplied by an electric service provider and the
electricity generated by a customer-generator that is fed back to the electric
service provider.

(31) "Net
metering system" means a facility for the production of electrical energy that
does all of the following:

(a) Uses as its
fuel either solar, wind, biomass, landfill gas, or hydropower, or uses a
microturbine or a fuel cell;

(c)
Operates in parallel with the electric utility's transmission and distribution
facilities;

(d) Is intended
primarily to offset part or all of the customer-generator's requirements for
electricity.

(32)
"Self-generator" means an entity in this state that owns or hosts on its
premises an electric generation facility that produces electricity primarily
for the owner's consumption and that may provide any such excess electricity to
another entity, whether the facility is installed or operated by the owner or
by an agent under a contract.

(33)
"Rate plan" means the standard service offer in effect on the effective date of
the amendment of this section by S.B. 221 of the 127th general assembly, July
31, 2008.

(a) Any
method or any modification or replacement of any property, process, device,
structure, or equipment that increases the generation output of an electric
generating facility to the extent such efficiency is achieved without
additional carbon dioxide emissions by that facility;

(b) Any
distributed generation system consisting of customer cogeneration
technology;

(c) Clean coal
technology that includes a carbon-based product that is chemically altered
before combustion to demonstrate a reduction, as expressed as ash, in emissions
of nitrous oxide, mercury, arsenic, chlorine, sulfur dioxide, or sulfur
trioxide in accordance with the American society of testing and materials
standard D1757A or a reduction of metal oxide emissions in accordance with
standard D5142 of that society, or clean coal technology that includes the
design capability to control or prevent the emission of carbon dioxide, which
design capability the commission shall adopt by rule and shall be based on
economically feasible best available technology or, in the absence of a
determined best available technology, shall be of the highest level of
economically feasible design capability for which there exists generally
accepted scientific opinion;

(h) Any
new, retrofitted, refueled, or repowered generating facility located in Ohio,
including a simple or combined-cycle natural gas generating facility or a
generating facility that uses biomass, coal, modular nuclear, or any other fuel
as its input;

(i) Any uprated
capacity of an existing electric generating facility if the uprated capacity
results from the deployment of advanced technology.

"Advanced energy
resource" does not include a waste energy recovery system that is, or has been,
included in an energy efficiency program of an electric distribution utility
pursuant to requirements under section 4928.66 of the Revised
Code.

(35) "Air
contaminant source" has the same meaning as in section 3704.01 of the Revised
Code.

(iv)Power produced by a run-of-the-river hydroelectric facility
placed in service on or after January 1, 1980, that is located within this
state, relies upon the Ohio river, and operates, or is rated to operate, at an
aggregate capacity of forty or more megawatts;

(viii) Energy
produced by cogeneration technology that is placed into service on or before
December 31, 2015, and for which more than ninety per cent of the total annual
energy input is from combustion of a waste or byproduct gas from an air
contaminant source in this state, which source has been in operation since on
or before January 1, 1985, provided that the cogeneration technology is a part
of a facility located in a county having a population of more than three
hundred sixty-five thousand but less than three hundred seventy thousand
according to the most recent federal decennial census;

"Renewable energy
resource" includes, but is not limited to, any fuel cell used in the generation
of electricity, including, but not limited to, a proton exchange membrane fuel
cell, phosphoric acid fuel cell, molten carbonate fuel cell, or solid oxide
fuel cell; wind turbine located in the state's territorial waters of Lake Erie;
methane gas emitted from an abandoned coal mine; waste energy recovery system
placed into service or retrofitted on or after the effective date of the
amendment of this section by S.B. 315 of the 129th general assembly, September 10, 2012, except that a waste energy
recovery system described in division (A)(38)(b) of this section may be
included only if it was placed into service between January 1, 2002, and
December 31, 2004; storage facility that will promote the better utilization of
a renewable energy resource; or distributed generation system used by a
customer to generate electricity from any such energy.

"Renewable energy
resource" does not include a waste energy recovery system that is, or was, on
or after January 1, 2012, included in an energy efficiency program of an
electric distribution utility pursuant to requirements under section 4928.66 of
the Revised Code.

(b) As
used in division (A)(37) of this section, "hydroelectric facility" means a
hydroelectric generating facility that is located at a dam on a river, or on
any water discharged to a river, that is within or bordering this state or
within or bordering an adjoining state and meets all of the following
standards:

(i) The facility
provides for river flows that are not detrimental for fish, wildlife, and water
quality, including seasonal flow fluctuations as defined by the applicable
licensing agency for the facility.

(ii)
The facility demonstrates that it complies with the water quality standards of
this state, which compliance may consist of certification under Section 401 of
the "Clean Water Act of 1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and
demonstrates that it has not contributed to a finding by this state that the
river has impaired water quality under Section 303(d) of the "Clean Water Act
of 1977," 114 Stat. 870, 33 U.S.C. 1313.

(iv) The
facility complies with the recommendations of the Ohio environmental protection
agency and with the terms of its federal energy regulatory commission license
regarding watershed protection, mitigation, or enhancement, to the extent of
each agency's respective jurisdiction over the facility.

(v) The
facility complies with provisions of the "Endangered Species Act of 1973," 87
Stat. 884, 16 U.S.C. 1531 to 1544, as amended.

(vi)
The facility does not harm cultural resources of the area. This can be shown
through compliance with the terms of its federal energy regulatory commission
license or, if the facility is not regulated by that commission, through
development of a plan approved by the Ohio historic preservation office, to the
extent it has jurisdiction over the facility.

(vii)
The facility complies with the terms of its federal energy regulatory
commission license or exemption that are related to recreational access,
accommodation, and facilities or, if the facility is not regulated by that
commission, the facility complies with similar requirements as are recommended
by resource agencies, to the extent they have jurisdiction over the facility;
and the facility provides access to water to the public without fee or
charge.

(viii) The
facility is not recommended for removal by any federal agency or agency of any
state, to the extent the particular agency has jurisdiction over the
facility.

(a) A
facility that generates electricity through the conversion of energy from
either of the following:

(i) Exhaust heat
from engines or manufacturing, industrial, commercial, or institutional sites,
except for exhaust heat from a facility whose primary purpose is the generation
of electricity;

(ii) Reduction
of pressure in gas pipelines before gas is distributed through the pipeline,
provided that the conversion of energy to electricity is achieved without using
additional fossil fuels.

(b) A
facility at a state institution of higher education as defined in section
3345.011 of the Revised Code that recovers waste heat from
electricity-producing engines or combustion turbines and that simultaneously
uses the recovered heat to produce steam, provided that the facility was placed
into service between January 1, 2002, and December 31,
2004.

(40)
"Combined heat and power system" means the coproduction of electricity and
useful thermal energy from the same fuel source designed to achieve
thermal-efficiency levels of at least sixty per cent, with at least twenty per
cent of the system's total useful energy in the form of thermal
energy.

(B) For the purposes of this chapter, a retail
electric service component shall be deemed a competitive retail electric
service if the service component is competitive pursuant to a declaration by a
provision of the Revised Code or pursuant to an order of the public utilities
commission authorized under division (A) of section 4928.04 of the Revised
Code. Otherwise, the service component shall be deemed a noncompetitive retail
electric service.